[2023]DLCA16192 • July 27, 2023 • Court of Appeal
BABA USMAN vs THE REPUBLIC
On 6 November 2011, the appellant, aged 19 and unemployed, with two accomplices at large, attacked the complainant at night in Kumasi using a locally made pistol and cutlass, inflicting injuries and robbing him of a mobile phone and cash. The appellant was arrested while fleeing on a motorbike; the accomplices escaped. He admitted involvement but disowned some recovered items.
read moreJUDGMENT MENSAH-HOMIAH, J.A. INTRODUCTION This is an appeal against the Judgment of the High Court, Kumasi, dated 30th March 2012. The appellant, having been tried and convicted of the offences of conspiracy to commit crime, to wit, robbery and robbery, under sections 23(1) and 149 of the Criminal Offences Act, 1960 (Act 29), as amended by Act 646 of 2003, has appealed to this court pursuant to leave granted on 8th April 2022. It is instructive to note that the appellant has already served ten (10) years of his thirty (30) years prison term. He was 19 years at the time of his conviction. INCOMPLETE RECORD Before delving into this appeal, we wish to comment on the fact that the record of appeal appears incomplete, that is, the full Judgment of the court below was not included. We remitted the record to the court below for rectification. However, by a statutory dated 24th May, 2023, the Registrar of the High Court, Kumasi, Ms. Josephine Ehuran, declared that there was a fire outbrea...